Políticas de reassentamento populacional: o conflito entre o direito público e o direito de moradia quando realizadas obras de interesse social

Abstract

Notwithstanding that the right to decent housing is ensured in several Brazilian legal systems, and, moreover, it is included in the Federal Constitution of 1988 as well as in many other resolutions, treaties and conventions issued by international organizations, to the point of being considered as Fundamental human right, what is verified is the lack of effectiveness to materialize it in our country, considering, therefore, the housing deficit of Brazil and the absence, or inefficiency, of governmental or state policies and programs trying to provide Or stimulate the preservation of the right to housing, especially those less favored or socially vulnerable areas. In fact, the country's rapid economic growth has contributed to the concentration of income and the intensification of social inequalities, where the majority of the population is exploited by large capital and can not meet their basic needs, such as housing. Big capital does not matter to build or finance housing, so that the worker is always dependent on capital and ends up occupying areas lacking infrastructure. Along with the spoliation inherent in the capitalist mode of production and the state's inefficiency or complacency in the task of promoting public policies to protect the right to housing, we still have the issue of the State as an instrument for the promotion of infrastructure through works, which, Paradoxical as it may seem, may contribute to the aggravation of the problem of homelessness if measures to preserve the right to housing are not observed, and thus the present work intended to demonstrate, albeit in a localized way within some municipalities of Rio Grande do Sul, as the public power, translated in the National Department of Infrastructure Transpores, responsible for the country's road network, can act in the protection of the right to housing when deciding to carry out road works of social interest and makes use of the expropriation institute, Which has a constitutional provision equal to the right to property, where we seek to demonstrate how the fair and prior indemnity to be paid through agreements made in conciliation commissions promoted by the Judiciary can contribute to the preservation of the right to housing, making the expropriated Can restore your assets quickly and efficiently.